Guilty Of Murder, Woman, 38, Is Sent To State Hospital

Joanne DeSilvia, found guilty of third degree murder in the death of her 76-year-old former employer, was sent yesterday to the Mayview state hospital in Allegheny County.

Northampton County Judge Richard D. Grifo had sentenced DeSilvia, 38, to 10 to 20 years in prison.

But the judge said he was "convinced" the former Stroudsburg woman is "severely mentally disabled and in need of treatment." He assigned her to Mayview with the understanding that she will be transferred to a new forensic unit for women at Norristown State Hospital as soon as it is opened. If she recovers before her sentence ends, she will spend the rest of her term at the state prison for women at Muncy, Grifo said.

DeSilvia, also known as Joan Ann DeSilva, pleaded guilty but mentally ill. Judge Grifo, after a hearing Feb. 12, ruled that the offense was third degree murder.

Police said she was trying to recover a recommendation she believed a former employer had sent to Ferguson and which Ferguson had refused to give her.

"There was no letter of recommendation," defense lawyer Karl Longenbach said yesterday. "But Mrs. DeSilvia believed it had been sent and the victim had withheld it. In her state of mind, this recommendation was crucial to her finding other employment."

While DeSilvia could not be considered legally insane, she was "confused and in an excited state," Longenbach said. He added that nevertheless, "she admitted responsibility" for Ferguson's death and "even at that time, felt remorse. If she could change anything, it is obvious she would like to change the events of that day."

The dark-haired defendant, wearing black slacks and a pale blue pullover, assured Judge Grifo tearfully that she had "never acted like that before."

"It was clearly less than a deliberate act; it was not an intentional act," Longenbach, who represented DeSilvia with attorney William Zaun, said. "She has a long history of mental illness, dating back to the 1970s, but no prior record whatsoever for any criminal offense, let alone a violent offense. She was able to proceed through life up to this point with the ability to conform to the law."

Grifo said physicians who examined DeSilvia found her "seriously disturbed and in need of a protective environment." He said she was diagnosed as "suffering from a schizophrenic disorder."